1Purpose
The main purpose of this Act is to make provision in relation to the national electricity market.
Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
Bill homepage (legislation.vic.gov.au)The main purpose of this Act is to make provision in relation to the national electricity market.
This Act comes into operation on a day to be proclaimed.
In this Act—
S. 3(1) def. of 2006–2010 distribution pricing determination inserted by No. 66/2007 s. 3(a).
2006–2010 distribution pricing determination—
means the determination of the ESC under Part 3 of the Essential Services Commission Act 2001 made on 18 October 2005 applying to charges for connection to, and the use of, distribution systems in Victoria (as amended in accordance with the decision of the appeal panel (within the meaning of the Essential Services Commission Act 2001) on 17 February 2006); and
includes amendments made to that determination before the commencement of section 5 of the National Electricity (Victoria) Amendment Act 2007;
S. 3(1) def. of approved consultation and engagement plan inserted by No. 38/2025 s. 32.
approved consultation and engagement plan means a consultation and engagement plan approved under section 33B or 33L;
S. 3(1) def. of CEO VicGrid inserted by No. 15/2024 s. 4, repealed by No. 38/2025 s. 8(1).
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S. 3(1) def. of Connection Applicant inserted by No. 38/2025 s. 32.
Connection Applicant has the meaning given by Chapter 10 of the National Electricity Rules;
S. 3(1) def. of connection point inserted by No. 38/2025 s. 32.
connection point has the meaning given by Chapter 10 of the National Electricity Rules;
S. 3(1) def. of consultation and engagement plan inserted by No. 38/2025 s. 32.
consultation and engagement plan means a plan mentioned in section 33A(2)(b) or 33K(3);
S. 3(1) def. of Department inserted by No. 10/2020 s. 3, amended by No. 24/2023 s. 4.
Department means Department of Energy, Environment and Climate Action;
S. 3(1) def. of Distribution Network Service Provider inserted by No. 38/2025 s. 8(2).
Distribution Network Service Provider has the meaning given by Chapter 10 of the National Electricity Rules;
S. 3(1) def. of eligible facility inserted by No. 38/2025 s. 32.
eligible facility means a facility which includes, as part of the facility, an eligible generating system or eligible integrated resource system;
S. 3(1) def. of eligible generating system inserted by No. 38/2025 s. 32.
eligible generating system means a kind of renewable energy generating system declared under a REZ scheme declaration as an eligible generating system;
S. 3(1) def. of eligible integrated resource system inserted by No. 38/2025 s. 32.
eligible integrated resource system means a kind of integrated resource system declared under a REZ scheme declaration as an eligible integrated resource system;
S. 3(1) def. of Essential Services Commission or ESC inserted by No. 66/2007 s. 3(a).
Essential Services Commission or ESC means the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001;
S. 3(1) def. of facility inserted by No. 38/2025 s. 32.
facility means a facility under Chapter 5 of the National Electricity Rules;
S. 3(1) def. of generating system inserted by No. 38/2025 s. 32.
generating system has the meaning given by Chapter 10 of the National Electricity Rules;
S. 3(1) def. of Generator inserted by No. 38/2025 s. 32.
Generator has the meaning given by Chapter 10 of the National Electricity Rules;
S. 3(1) def. of grid impact assessment guidelines inserted by No. 38/2025 s. 32.
grid impact assessment guidelines—see section 33G;
S. 3(1) def. of grid impact authority inserted by No. 38/2025 s. 32.
grid impact authority means an authority issued under section 33B and includes a grid impact authority amended under section 33E;
S. 3(1) def. of grid impact authority applicant inserted by No. 38/2025 s. 32, amended by No. 9/2026 s. 17(1).
grid impact authority applicant means a person referred to under section 33A(1) or (1A);
S. 3(1) def. of grid impact authority holder inserted by No. 38/2025 s. 32.
grid impact authority holder means a person to whom a grid impact authority has been issued;
S. 3(1) def. of Integrated Resource Provider inserted by No. 38/2025 s. 32.
Integrated Resource Provider has the meaning given by Chapter 10 of the National Electricity Rules;
S. 3(1) def. of integrated resource system inserted by No. 38/2025 s. 32.
integrated resource system has the meaning given by Chapter 10 of the National Electricity Rules;
S. 3(1) def. of nameplate rating inserted by No. 38/2025 s. 32.
nameplate rating has the meaning given by Chapter 10 of the National Electricity Rules;
S. 3(1) def. of National Electricity Rules inserted by No. 38/2025 s. 4(c).
National Electricity Rules means the National Electricity Rules within the meaning of the National Electricity (Victoria) Law having the force of law in Victoria subject to this Act and the regulations;
S. 3(1) def. of National Electricity (Victoria) Law amended by No. 38/2025 s. 4(a).
National Electricity (Victoria) Law means the provisions applying, subject to this Act and the regulations, because of section 6 of this Act;
S. 3(1) def. of National Electricity (Victoria) Regulations amended by Nos 66/2007 s. 3(b), 38/2025 s. 4(b).
National Electricity (Victoria) Regulations means the provisions applying, subject to this Act and the regulations, because of section 7 of this Act;
S. 3(1) def. of renewable energy zone inserted by No. 38/2025 s. 32.
renewable energy zone means an area declared in a renewable energy zone Order;
S. 3(1) def. of renewable energy zone Order inserted by No. 38/2025 s. 32.
renewable energy zone Order means an Order made under section 63;
S. 3(1) def. of REZ scheme authority inserted by No. 38/2025 s. 32.
REZ scheme authority means an authority issued under section 33L and includes a REZ scheme authority amended under section 33P;
S. 3(1) def. of REZ scheme authority applicant inserted by No. 38/2025 s. 32.
REZ scheme authority applicant means a person referred to in section 33K(1);
S. 3(1) def. of REZ scheme authority holder inserted by No. 38/2025 s. 32.
REZ scheme authority holder means a person to whom a REZ scheme authority has been issued;
S. 3(1) def. of REZ scheme declaration inserted by No. 38/2025 s. 32.
REZ scheme declaration means a declaration made under section 33I;
S. 3(1) def. of REZ scheme fee inserted by No. 38/2025 s. 32.
REZ scheme fee means the fee determined and published under the regulations that is payable by a REZ scheme authority holder;
S. 3(1) def. of stand-alone power system inserted by No. 33/2021 s. 16.
stand-alone power system has the same meaning as in section 6B(6) of the National Electricity (Victoria) Law;
S. 3(1) def. of system change inserted by No. 38/2025 s. 32.
system change, in relation to a facility, means a change to the facility to increase the capacity of a generating system or integrated resource system forming part of the facility;
S. 3(1) def. of Tariff Order inserted by No. 66/2007 s. 3(c).
Tariff Order has the same meaning as in the Electricity Industry Act 2000;
S. 3(1) def. of traditional owner inserted by No. 38/2025 s. 32.
traditional owner has the same meaning as in the Aboriginal Heritage Act 2006;
S. 3(1) def. of Transmission Network Service Provider inserted by No. 38/2025 s. 8(2).
Transmission Network Service Provider has the meaning given by Chapter 10 of the National Electricity Rules;
S. 3(1) def. of VicGrid inserted by No. 38/2025 s. 8(2).
VicGrid means VicGrid Body Corporate established under an Order in Council under section 14 of the State Owned Enterprises Act 1992 on 15 April 2025;
S. 3(1) def. of Victorian distribution pricing determination inserted by No. 66/2007 s. 3(c).
Victorian distribution pricing determination means—
the 2006–2010 distribution pricing determination as amended from time to time; or
a determination under Part 3 of the Essential Services Commission Act 2001 or the Tariff Order applying to charges for connection to, and the use of, distribution systems in Victoria that revokes and substitutes—
the 2006–2010 distribution pricing determination; or
a determination applying to charges for connection to, and the use of, distribution systems in Victoria—
as amended from time to time.
Words and expressions used in the National Electricity (Victoria) Law and in this Act have the same respective meanings in this Act as they have in that Law.
Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.
This Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations bind the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
It is the intention of the Parliament that the operation of this Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations should, so far as possible, include operation in relation to the following—
land situated outside Victoria, whether in or outside Australia;
things situated outside Victoria, whether in or outside Australia;
acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;
things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.
Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations
The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as in force for the time being—
applies as a law of Victoria; and
as so applying may be referred to as the National Electricity (Victoria) Law.
The Regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia—
apply as Regulations in force for the purposes of the National Electricity (Victoria) Law; and
as so applying may be referred to as the National Electricity (Victoria) Regulations.
8 Interpretation of some expressions in the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations
In the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations—
Legislature of this jurisdiction means the Parliament of Victoria;
the jurisdiction or this jurisdiction means the State of Victoria;
the National Electricity Law or this Law means the National Electricity (Victoria) Law.
The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to—
the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia in its application as a law of Victoria; or
the regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia in their application as Regulations in force for the purposes of the National Electricity (Victoria) Law.
9 Proceedings in respect of breaches of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and National Electricity Rules
Except as otherwise provided in section 59(1) of the National Electricity (Victoria) Law, proceedings may not be instituted in a relevant court in respect of a breach of a provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules that is not an offence provision by any person (other than the AER).
The Governor in Council, by Order published in the Government Gazette, may declare the provisions of the National Electricity (Victoria) Law or of the National Electricity Rules, or specified provisions of that Law or those Rules, to be relevant legislation for the purposes of section 10 of the Essential Services Commission Act 2001.
On the commencement of an Order under subsection (1) the provisions declared in the Order are, despite anything to the contrary in the Essential Services Commission Act 2001, to be taken to be relevant legislation for the purposes of section 10 of that Act.
Note
By operation of section 7A(b) of the Electricity Industry Act 2000 the electricity industry is a regulated industry for the purposes of the Essential Services Commission Act 2001.
S. 11 amended by No. 66/2007 s. 6, repealed by No. 23/2009 s. 3, new s. 11 inserted by No. 74/2010 s. 29.
For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, registration under the National Electricity (Victoria) Law is declared not to be personal property.
S. 11A inserted by No. 24/2016 s. 3.
Without limiting section 6, the following provisions of the National Electricity (Victoria) Law apply as laws of Victoria as if a reference in any such provision to the Law included a reference to regulations made under this Act—
Parts 3 and 6 and Schedule 2;
any other provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules prescribed by the regulations for the purposes of this section.
S. 11B inserted by No. 24/2016 s. 3.
The regulations may prescribe a provision of the regulations as a civil penalty provision.
A reference in the National Electricity (Victoria) Law or the National Electricity (Victoria) Regulations to a civil penalty provision is taken to include a reference to a provision prescribed under subsection (1).
Subsection (2) applies despite anything to the contrary in the National Electricity (Victoria) Law.
It is the intention of section 9 to alter or vary section 85 of the Constitution Act 1975.
S. 12A inserted by No. 24/2016 s. 4.
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